Memorial of the Seneca Indians, to the President of the United States

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M E M 0 R I A L

OF THE

SENECA INDIANS,

TO THE

PBESIIEIT GF HE IlITED STiTES.

ALSO

A N A D D R E S S

FROM Tin

COMMITTEE OF FRIENDS,
H7/0 H.4yK EXTENDED C.1RE TO THESE INDIAXS^

AKD AS

EXTKACT FROM THE REPORT

OF TUL

COMMISSIONER OF INDIAN AFFAIRS

BALTIMORE!

P H 1 N T >: D BY WILLIAM W O O D D Y & SOW,

Corner of Baltimore and Calvert streets.

1S50.

'LS'I

ADDRESS FRO:>r THE COMMITTEE OF FRIENDS

ON INDIAN CONCERNS,
TO MILLARD FILLMORE;,

PRESIDENT OF THE UNITED STATES.

It is respeclfully represented that an application for assistance
was, about the year 1S39, made to the society of Friends, by
the Si-neca Nation of Indians. In this application they repre-
8"nted themselvc"^ as beinir in great ditliculty nnd distress, on
account of a treaty allcdjjed to have been fraudulently made,
and by which as they stated, all iheir remaining lands in tlie
State of New York, "were ceded to a company of land specu-
lators.

With the consent of the then President of the United States,
a delco^ntion from the society of Friends visited those Indians,
and enquired into their complaints, and having gained such in-
formation as they could obtain, they were fully convinced
that the treaty referred to, had been elTected by very objection-
able means, without the agency or consent of a great majority
of the Nation. Committees of Friends representing the Yearly
Meetings of Baltimore, Philadelphia, New York and Genessee,
were accordingly aj»pointed to extend such assistance to these
Indians in the premises as they miijht be enabled to render;
the result was, that a compromise arrangement was agreed
upon bel-.veen the parties, by which about fifty-three thousand
acres of their land-J were relinquished back to the Senecas

At the earnest i , quest of those Indians, and with the entire
tpprobation of the Government, the society of Friends have
I

since continued to extend assistance to them, and under the
joint supervision of the four cornraittees here before mentioned
these people have rapidly improved in their social condition
and intelligence, and are now far advanced in civilization, af-
fording a gratifying prospect, that if left undisturbed, they would^
become a prosperous and happy people, and be rescued from
the melancholy fate that has befallen so many of the aborigi-
nal tribes of our country. It is therefore with much concern
that we have been informed, an address has been prepared at
Cattaraugus, and was signed by one Israel Jemison, a former
chief, for the purpose of being forwarded to the Executive of
the United States, or to some member of the Cabinet, complain-
ing of divers grievances, and charging various malpractices
upon the existing Seneca authorities, and also soliciting the
removal of the present Agent and Interpreter. There can be
no doubt of the motives of this address, and should such a com-
munication be received, the undersigned, as the friends of these
Indians, most earnestly request that no decision be made there-
on, until an opportunity will be given us to be heard, and to
make such representations as will place the subject fairly and
clearly before the Government. All of which is respectfully
submitted. Signed on behalf of the Committee.

MATTHEW SMITH,
LYDIA JEFFERIS.
BALTIMORE, 10th mo.j 2I5 1850.

TO HIS EXCELLENCY THE

PRESIDENT OF THE UNITED STATES

The Seneca nation of Indians in the State of JVew York would
respectfully represent

That at the close of the Revolutionary war the State of
Massachussetts claimed an interest in large tracts of land ly-
ing in the western parts of the State of New York. By an
agreement between tiiose States made at Hartford on the lOth
day of December, 178G, New York granted to Massachusetts
all her claim to these lands, subject to the right of the Indian
natives therein, and the State of Massachusetts ceded to the
State of New York the sovereignty and jurisdiction over the
same.

On the llih day of May, 1791, the Commonwealth of Mas-
sachusetts conveyed to Robert Morris all its right in and to the
said land, it being a " right o{ pre-emption^'" or exclusive right to
purchase of the native Indians their title to said lands. By
sundry subsequent conveyances, this pre-emption rights be-
came vested in the '• Ogden Land Company," so far as regard-
ed those parts of the said lands, which had not before been
sold. Tims the said Land Company became entitled to pur-
chase all the hnd remaining unsold, which had belonged to
the ancient Confederacy of the Six Nations, in the State of
New York.

Since the year 1791 various treaties have been made be-
tween the Seneca Indians and the said Land Company, by
which the said Indians sold all their right to the remnant of
their once extensive territory, excepting certain, small tracts
retained for their own occupation : They lie in the western
part of the State and are generally known by the name of the
*' Indian Reservations."

By a treaty made at Canandaigua on the 11th day of Novem-
ber, 1794 between the Government of the United States and
the New York Indians, the said Government solemnly guar-
antied to them the peaceable possession and enjoyment of all
iheir reservations. The extension of the white settlements,
westwardly, greatly enhanced the value of these reservations,
and exciting the cupidity of the land speculators, they used
various means to remove our people, in order to get posses-
sion of their lands. As tar back as the year 1802, the en-
croachment and depredations of the whites on our reservations,
became subjects of great annoyance to our people.

Alarmed and agitated by these movements, our Nation in
junction with the Onondaga Indians, applied to the United
States Government, for its protection, in fulfilment of the guar-
anty, stipulated in the said recited treaty. Faithful to its con-
tract, the United States authorities immediately interposed,
and General Dearborn, then Secretary of War, by authority of
the President of the United States issued a Proclamation, da-
ted March 17th, 1802, strictly forbidding all disturbance of
the said Indians in the quiet possession of their lands; and
solemnly declaring that all the lands of the said Seneca and
Onondaga Indians shall be and remain their property forever,
unless voluntarily sold by them.

Notwithstanding this care of the United States Government,
the land speculators have grievously annoyed us, by incessant
attempts of a hidden, or more obvious character, to drive us
from our lands. Thus constantly harrassed, our nation was
;iot only made unhappy, but by being kept in a restless anx-.

5

ious state, our improvement and civilization were greatly re-
tarded. These speculators as it is well known, did, in the
year 1838, and subsequemly, by cnormoos bribes so corrupt
some of our Chiefs, as to obtain a Treaty, by which our nation
was deprived of the title to all thier lands, and was to have been
driven into the wilderness beyond the Mississippi to perish
Under the treaty of IS39, between the United States Govern-
ment and the New York Indians, about two hundred of them
bv plausible but false pretences, were induced to emigrate to that
country, which had been described to them as a terrestrial pa-
radise, and there, through want and by the diseases of the
climate about one half of their number died within six or
eight months after their arrival. The remnant were brought
back at great expense by a delegation of our friends.

After years of inexpressible suflering, from the fraudulency
of the land agents, and the corruption of our Chiefs, a treaty,
thro' the mediation of our Friends, was made at Buffalo, in the
year 184-2. The Reservations of Allegany and Cattaraugus
were by that treaty rcconveyed to our nation. Many of our
people removed from Buffalo and settled on the lands restored
10 us. In our new situation, feeling confident of a permanent
settlement, our people ap;>li('d themselves to agriculture ; and
by improvement in this and oti'er branches of useful knowl-
edge, gave cvidi nee of rapid advancement toward civilization.
lUit this br ght day was ^oon overcast with clouds. Three
years had not pissed away before the increasing intelligence
of the nation, led them to perceive tliat. as lik(? causes produce
like effects, so our chief- who had signed the fraudulent treaty
of 1838, i)y which wr h'st otir land, miglit by means, equally
fraudulent, deprive us of it again.

Und'T these convictions we became very uneasy. A coun-
cil of the nation was rnlled to meet at Cattaraugus on the
20th of January, 1815. It met accordingly, and after a full
discussion of the subject it was resolved and determined that
our political usages should be changed, and so amended that

6

DO sale or disposition of our lands should be valid unless made
in full council, and the assent of two-thirds of all the Chiefs,
Warriors, and adult male citizens of the nation be obtained; —
such assent to be given by our people in writings under their
hands and seals in full and open council of the Chiefs and
Warriors of the nation.

Thus the power of the Chiefs to alienate our lands was ta-
ken from them, but their power, was in no other respects cur-
tailed. This kind of government could not in the n&ture of
things, last Ions: in a nation, which was daily advancing in
civilization. It was in fact only adapted to the rudest stale of
society. But circumstances f oon occurred to hasten a revolu-
tion, which was indeed inevitable before the nation could be
settled on a permanent basis. Our Chiefs haJ been deprived
of the power again to sell our land, but not to defraud us of our
money. We saw them wielding power without responsibility
or limitation of time : We saw them squandering the people's
property without regard to the general good ; we saw them
embezzling our money, and applying to their own use the funds
of the nation.

Roused by these abuses, and with a clear view of the ruin to
which they must ultimately lead, the nation determined to
change the form of their government, and, by the establish-
ment of an elective Republic, subject their officers to a strict
responsibility, and throw round the people the protection of
equal laws. In pursuance of this determination the people of
the Seneca nation, after due and public notice given, met in
Convention at Cattaraugus on the 4th day of December, 1848,
and there adopted a written Constitution, by which the an-
cient government by Chiefs was abrogated, and a Representa-
tive Government established in its stead. This Constitution
is founded on the great principles of Government embraced by
the people of the United States in their political establish-
ments. It recognizes the fundamental principles adopted by
iOur white neighbors, in their Declaration of Independence ; and

to secure the great object of government, as staled in that doc-
ument, has been the end and aim of the Seneca nation in their
late Revolution. With such modifications only, as were ne-
cessary to suit it to the peculiar circumstances of the people.
Our Constitution has been copied after the long tried model*
of the States around us. It has Legislative, Executive, and
Judiciary Departments. AU our officers are annually elected
directly by the citizens — of course are immediately responsi-
ble to their constituents, and in case of mal-administration easily
and speedily removed.

Soon after the adoption of the new form of Government
the Ex-Chiefs, who by the change were reduced to the level
of their fellow citizens, and had lost both the honors and
emoluments of office, manifested great uneasiness. Under
these feelings they sent a delegation to the Indian Department
complaining of the movement of the nation. About the same
time the new Government sent agents to Washington to repre-
sent their case. The Commissioner of Indian affairs in order
to arrive at a sound judgment on the subject, wrote a letter to
the United States sub-Agent at Ellicottsvillc in the State of
New York.rcquiring him to inform the Department amply on
all subjects connected with the late Revolution. This was
done and the Department having deliberately weighed the
evidence furnished by both parties, at length decided in favor
of the new Government. The following letter from the Com-
missioner of Indian AlTairs at Washington to the sub- Agent,
announces the final delLrmination of the Department,

"War Department, >
Office of Indian Affairs, Feb. 2d, 1849. 5

Sir: Your report of the 24th ultimo has been received.
The new form of government of Indians on the Cattaraugus

8

^ud Allegany Reservations, having been adopted by a majori-
ty, will be recognized by the Government, and sa far as may
be necessary, the relations of the Government with those In-
dians will be made to conform thereto ; and as requested by;,
them, Philip E. Thomas of Baltimore, will be recognized as
their friend, and as the Representative of their wishes and in-
terests. Very respectfully, your obedient servant,

WM. MEDILL."
R. H. SHANKLAND, Sub-agent, EllicottsviUe, N. Y.

The Ex-Chiefs goaded by their loss of powfer, sent a depu-
tation to Albany, in order to induce the Government of New
York to refuse connection with the Seneca nation under its
Hew aspect. Their attempt was a miserable failure. After a
thorough investigation of the subject by a Committee of the
Assembly, the following resolutions were adopted by both
branches of the Legislature, to wit :

"Resolved, That the recognition by the Government of the
United States, of the new Constitutional Government^ lately
formed by the Indians residing on the Cattaraugus and Allegany
Reservations, establishes the new Government, as that whichi
the State of New York must receive and acknowledge, in its
dealings with the said Indians, and that the officers of this
State, ought, and are hereby instructed to respect such new
Government accordingly.

Resolved, That in future the annuity which under the trea-
ty with the Senecas is made payable to the Chiefs of that na-
tion, hereafter be paid by the Treasurer, or on the warrant of
the Comptroller to theorder of such officer or agent as shall
under said new Constitution be appointed to receive the same
and give proper discharges therefor."

TliU.-5 atler carelul iiKjuiry Jiid iiiiiluio delibeidtioii, the on-
stitutuJ aulliurilie.s bolli ol tliu GetiL*ral Goveriimuut and the
Goverdiiienl of the Slate of New York, have S(;lemiify recog-
nized the Republic of the Seneca Nation, as the true
and lei^itimate source of power and authority for their goveni-
ment. Under that CoMbtitulion we have now been enjoying
all the blessings oi cicil mil religious liberty with perfect pru-
iection of person and property, for nearly two years. The Ex-
Chiefs, who by the late revolution were deprived of official
authority, have constantly kept up an organized opposition to
the new gover/irnent, with a view to drive back the nation to
its former inefficient and irresponsible system. They can have
no horjorablc motive for such opposition. They enjoy the
same protection, the same civil rights, the same eligibility to
office, in fine, all th ; rights and immunities of the rest o^ the
nation. Hul depravi-d by a long course of corruption, they
cannot endure a change, (however beneticial to the Common-
wealth) which deprives them of the power they so grt-aily
abused ; and therefore, by every unworthy artifice, and the
grossebt misrepresentation, they endeavor to deceive the pub-
lic as well as our own people. To this opposition we believe
ihry are prompted by corrupt, as well as by ambitious motives.
We know that some of them now receive annuities as the re-
ward of their former treachery, in the fraudulent transfer of iho
national domain to the Ogilen land company : and it is general-
ly believed that tlu?sc annual |)ayments are made in antici[)a-
lion of future services, as well as in payment i'ov past treasons.
I'nderlhe new Constitution the St'iieca nation is success-
fully pursuing the great objects of all good governments. Al-
reaily enjoying a full and adcnjuato protection of person, and
properly, — with Institutions for the scientific and religious im-
j)rovement of our people, — with the generous patronage of the
General and Stale Governments, we have nothing more to de-
sire, but a fair and uninterrupted opportunity to carry out our
new system of (iuvcinmcnt, and nothing further to ask of the

10

public authorities but their continued protection against ihe
arts and intrigues of those who desire our destruction.
Signed

ZECHARIAH L. JIMESON, President
of the Seneca Nation of Indians.
WM. JEMEESON, Secretary.

TO THE

PRESIDKxNT OF THE UNITED STATES.

The Committee representing that portion of the society of
Friends, who for a number of years past have been endeavor-
ing to promote the civilization of the Seneca Indians residing
in the Western part of the State of New York, respectfully rep-
resent to the President, that after struggling with many adverse
circumstances which greatly retarded the improvement of these
Indians, occasioned partly, from the aversion which in com-
mon witli all oilier people they generally felt to changing their
long established habits and institutions, but more especially
from the counteracting influences, perseveringly exerted, by
certain agents of land speculators, who omitted no effort to
keep these people in a condition of restless unsettledness and
discord, with the view of finally efiecting their removal from
the Reservations yet in iheir possession ; Amidst all
these obstacles however, those Indians continued by slow, but
gradual advances to improve, until a great change has been ef-
fected in their condition. It is now some years since they
have wholly abandoned any dependence upon the chase for
the procurement of food, and have generally applied them-
selves to agriculture, hy which they obtain ample supplies of
provisions, and many of their farms appear to be as well culti-
vated, and as productive, as the lands generally in the surround-
ing districts ; they are also increasing in their domestic com-
forts, by improving their accommodations about their dwellings,
and more generally cultivating garden vegetables, planting or-
chards, rearing stock, building barns and other requisite out-
houses.

By tlieir <*xertion5?, aided and enconra;T;fd by Iho Slttto ol
New York, and assisted by some of their friends, they have an
adequate number of schools, so iocated in difTerent sections of
Iheir Reservations as to afToid access and accommodation for
their children. The State of New York has likewise provided
by law, for the admission of 30 Indian children into its nor-
mal school, in order that they may be instruced in the higher
branches of learning, and qualified to become school teachers ;
and there is a cheering hope, that by these and other acts of
kindness, which that Slate has extended to her Indian popula-
tion, she will, within her territory, exhibit to the world, the
<) ratifying spectacle, of a flourishing aboriginal community, res-
cued from the melancholy fate that has befallen so many of
hf'ir kindred tribes.

Tiie Indians at Cattaraugus have it in contemplation to estab-
lish a public institution, to be styled "The Orphan's Home,"
in vvliich the indigent children among them, are to be support-
f>d and educated. These circumstances s-'ufficiently attest the
improved intellectual and social condition of the Senecas ; but
as a further evidence of their advanced state of civilization,
iliey have at a general conventi-on of the Nation, and as far as
we }\ve informed, without the aid or interference of any exlra-
nrons inf.uence, radically changed their political system, by
abrogating their ancient irresponsible and inefficient form of
govemmet by chief-, and establishing in its place a representa-
tive republic, wit' Executive, Judiciary and Legislative De-
partmen's, founded upon ih.e principles of o\ir S.ate Govern-
ments; in which all the public functionaries are rendered re-
sponsible to the people by irequentiy recurring elections. This
Government has been in operation alout two years, and promi-
ses to answer all the purposes of its instiuition. The laws are
r€i2ularly executed, and we believe nothing is wanted to per-
fect its adn.inistration, but an undisturbed opportunitj' to ac-
x\\n e tbat skill in the maragement of its concerns, which ex-
perience alone can ^ive.

V)

' 1

l>ut lliP Spnoras nrc yot Furrotindod by dnngrrs from vnri.
oils sou rcf'S. Their land has become valuable, and is eager-
ly desired by speculators, who nave acquired a pre-emptive
rip;lit to purchase it, while the great bulk of the Indians, are
utterly opposed to its sale. The society we represent are anx-
ious for their protection, and having large experience of the
benevolent action of the fj^neral government towards these in-
jured people, we have believed it right briefly' to represent
their present circnmstances to the President of the United
States, and to the Department having charge of Indian con-
cerns, asking a continuance of that kindness and protection
which have heretofore been so humanely extended to the Sen-
eca Indian^. Signed on bfhiilf of the rr«mm.il!e.

CEO. T. TKIMDLK. Clerk.

Nfw York, 12th nio. 11th, IboO.

tExtract from the Report of the Commissioner of Indian Affairs.]

" Department of the Interior,

Office of Indian Affairs, Nov. 27, 1850."

*' The only considerable number of Indians who have re-
tained any portion of their original possessions, and survived
the perils of immediate contact with a white population fast
thickening around them, are those remaining in the State of
New York, comprising a mere remnant of the once numerous
and powerful Iriquois, or " Six Nations." After rapidly di-
minishing for a number of year>, they seem at length to have
reached the lowest point in their declining fortunes. Having
been placed, by the humane legislation of the State, in a situ-
ation similar to that of our colonized tribes, they present the
interesting spectacle of a once barbarous people in a state of
rapid transition to civilization and prosperity. A striking in-
dication of their progress is the important change they have
made in their civil polity. Impressed with the disadvantages
of their ancient and irresponsible oligarchical form of govern-
ment, and its tendency to retard their advancement, a majori-
ty succeeded, in 1848, in effecting an entire revolution. Hav-
ino- formally assembled in convention, they adopted a repub-
lican constitution, and their government and affairs are now
well conducted, on principles similar to those on which ours
are administered. There are still, however, individuals among
them who, from their connexion with the old system, are op-
posed to the new order of things ; but, as the object of these
malcontents is to regain their lost power, rather than to pro-
mote the public good, no encouragement has been given to
them, either by the State of New York or the general govern-
ment' ■■

LETTER FROM THE

SECRETARY OF THE INTERIOR

TO THE PRESIDENT AND SECRETARY OF THE

SENECA NATION,

TN REPLY TO THEIR MEMORIAL TO THE PSESIDEUT OF THE U. i.
" DEPARTME^'T OF THE INTERIOR,

Washington, Dec. 16, 1S50.
Gentlemen : —
The President received lo-day by the hands of your friend
and agent Philip E. Thomas of Baltimore, your memorial of
the 29ih ult. on behalf of the Seneca Nation of Indians, givin
a history o^ the ch;in:^'e that has been made in your form
government, and the causes that led to that change and ex-
pressing a desire that the new government might continue to
be recognised by the United States, to which he directs me
to reply, thai he is i:ratiried to hear that your Nation is pros-
perous and happy, and that he has no desire to intermeddle
with your form of government, so long as it meets the approba-
tion of the Indians themselves and protects them in the enjoy-
ment of their rights and property. He therefore trusts that the
people will elect good, lionest, sober Indians to office, and tha
the officers thus elected, will faithfully and impartially admin-
igterthe government, and do justice to every man, woman and
child, and take good care of the old and feeble, and of the
young and helpless, and especially of all orphans and cripples
who cannot provide for themselves, and distribute the annui-
ties impartially and justly, and so long as they do ihi?, the
President instructs me to say, that he shall stand by and sus-
tain them and their government.

I am very respectfully, Your ob'i. servant.

Signed, ALEX. H. H. STUART, Secretary.

Zecheriah Jimeson, President^

WiLiAM Jemhrson, Secretary of the Seneca JValion.

Care of PHiLir E. Thomas, Baltimorer MarvlaHd.
•3

BD 1.48

fr\fl

LETTER FROM THE

PRESIDENT OF THE UNITED STATES,

TO TflK GENERAL COMMITTEE OF FRIENDS
0\ INDIAN CONCERNS,

IN REPLY TO THEIR ADDRESS TO HIM.

Washington, Dec. J6, 1850.

George T. Trimble — Sir :—
Your communication of the 12lh inst. on behalf of the Com-
mittee of Friemls relative to th-; Seneca Indians was handed
to m-. to-day, and I have perused it with great interest, and
directed it to be filed in the Department of the Inierioi.

Hiving long lived in the vicinity of that Nation, 1 can ap-
preciate all Ihe difficulties that the society whom you repre-
Beiit, Ims encouniererl in ils efforts to ameliorate the condition
of this once powerful but now feeble Nation. I am gratified
to perceive that no discouragement has damped the ardor, or
cooled the disinterested zeal with which your society has at
nil times endeavored to promote the true interests of these
children of the for. -t, and to learn from your report, that it^j ef-
forts ;ire likely to prove successful.

I can assure you, that nothing shall b'.- wanting on my part
to aid you in your benevolent purpose, and that while I have
the honor to occupy this station, I shall most cheerfully render
you every assistance in my powei, to promote the welfare of
this remnant of the Indian race, now occupying a small por-
tion of my native State.

I am your friend

Signed MILLARD FILLMORE.

3

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